Employment Tribunal Sought By Nurse in Religious Row

by Katy Murcutt - Paralegal

29 March 2010, filed under Employment

A female NHS employee who claimed the Royal Devon and Exeter NHS Trust Hospital’s rule against wearing a crucifix necklace discriminated against her religious beliefs has taken her case to an Employment Tribunal.

Shirley Chaplin, a nurse at the hospital, was removed from the ward on which she worked to an administrative role as a result of her failure to remove the neck adornment in accordance with the uniform policy of the hospital. The NHS Trust has stated that the requirement to remove the religious symbol was a matter of health and safety to prevent patients from grabbing the necklace and causing bodily harm to the nurse and to conform with the uniform policy staff members are subjected to when working on a ward within the hospital.

The NHS Trusts Human Resources Director, Lynn Lane, has stated that the administrative role was offered to Chaplin as a way to enable the nurse to comply with the uniform policy and the health and safety of colleagues and patients without having to remove the crucifix necklace for duty.

Earlier this year a British Airways employee, Nadia Eweida, who had claimed the company was discriminating against her religious beliefs by not allowing her to wear a cross necklace to work representing the Christian faith was dismissed by the Employment Appeals Tribunal on the grounds that she had not attempted to conform to the uniform policy of the company at any time. Due to a change to the style of the uniform worn by female employees, the neck adornment had become visible with a new lower-necked blouse.

The Employment Tribunal shall commence today in Exeter, Devon.